Lewing v. State

Morrow, Presiding Judge.

The conviction is for aggravated assault; penalty assessed at confinement in the county jail for sixty days and a fine of $100.00.

The prosecution is based upon Section 4 of Article 1147, P. C., declaring that an assault or battery becomes aggravated “when committed by a person of robust health or strength upon one who is aged or decrepit.”

The State’s evidence is to the effect that F. T. Hall, a man 66 years of age and totally blind, lived with his wife in a five-room house in the city of Houston, Texas; that they rented out rooms to the appellant and his wife who had…